Lowe v. Shanmaura Developments Inc.

Lowe v. Shanmaura Developments Inc.

On the balance of probabilities the court found the claimant completed only a portion of the contracted painting/trim work and the workmanship had multiple deficiencies; claimant entitled to partial payment assessed at 72 hours at $20/hour plus HST ($1656.00) while the defendant proved cleaning costs for spilled and dried drywall putty ($569.25); net judgment in claimant's favour $1086.25; most of the defendant's remedial and materials claims were disallowed as unproven or speculative; claim against Maureen Ryan in her personal capacity dismissed because she acted as agent for the corporation.

Citation
2013 NSSM 46
Parties
Claimant: Jerry Lowe; Defendant: Shanmaura Developments Inc.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
16 September 2013
Procedural Posture
Small Claims Court / Final Decision
Outcome
Judgment for Claimant Jerry Lowe against Shanmaura Developments Inc. in the net amount of $1086.25; claim against Maureen Ryan in her personal capacity dismissed without costs; each party to bear their own costs.
Legal Topics
Workmanlike Performance, Breach of Contract, Negligence, Damages, Set Off, Agency
Source Language
English
Construction Law Contract Law Tort (negligence) Workmanlike Performance Breach of Contract Negligence Damages Set Off +1 more

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Parties

Jerry Lowe

Claimant

Shanmaura Developments Inc.

Defendant

Procedural Posture

Small Claims Court / Final Decision

Legal Issues

  1. 1 Is the claimant entitled to payment for work performed between March 13 and April 3, 2013?
  2. 2 Was the work performed in a proper and workmanlike manner?
  3. 3 Is the claimant liable in negligence or for breach of contract for the work performed?

Ratio Decidendi

On the balance of probabilities the court found the claimant completed only a portion of the contracted painting/trim work and the workmanship had multiple deficiencies; claimant entitled to partial payment assessed at 72 hours at $20/hour plus HST ($1656.00) while the defendant proved cleaning costs for spilled and dried drywall putty ($569.25); net judgment in claimant's favour $1086.25; most of the defendant's remedial and materials claims were disallowed as unproven or speculative; claim against Maureen Ryan in her personal capacity dismissed because she acted as agent for the corporation.

Court Disposition

Judgment for Claimant Jerry Lowe against Shanmaura Developments Inc. in the net amount of $1086.25; claim against Maureen Ryan in her personal capacity dismissed without costs; each party to bear their own costs.

Orders

  • Judgment entered for plaintiff Jerry Lowe against defendant Shanmaura Developments Inc. for $1086.25.
  • The claim against Maureen Ryan in her personal capacity is dismissed without costs and the style of cause is amended.